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Principle
of
comity
and
convenience requires the courts to
stay their hand until the
administrative
processes
are
completed.
Since
judicial
review
of
administrative decisions is usually
made thru special civil actions,
such proceedings will not normally
prosper if there is another plain,
speedy and adequate remedy in
the ordinary course of law.
Corollary Principles
Doctrine of Prior Resort (aka)
primary administrative jurisdiction.
No resort to court until such
administrative body shall have
acted upon the matter.
Doctrine
of
finality
of
administrative action. No resort to
court
allowed
unless
the
administrative action has been
completed and there is nothing left
to be done in the administrative
structure.
Effect
of
failure
to
exhaust
administrative remedies.
The jurisdiction of the court is not
affected; but the complainant is
deprived of a cause of action which is a
ground for a motion to dismiss.
However, if no motion to dismiss is filed
on this ground, there is deemed to be a
waiver. (Soto v. Jareno, 144 SCRA 116)
EXCEPTIONS:
Doctrine
of
Exhaustion
of
Administrative Remedies is not a hard
and fast rule, subject to limitations and
exceptions:
Non-statutory:
certiorari
mandamus
quo warranto
prohibition
habeas corpus
It is elementary in statutory
construction
that
an
administrative circular cannot
supersede, abrogate, modify or
nullify a statute. A statute is
superior to an administrative
circular, thus the latter cannot
repeal or amend it. In the present
case, NCC No. 67, being a mere
administrative circular, cannot
repeal a substantive law like RA
7160.
RP v. Phil. Rabbit Bus Lines, 32
SCRA 211 (1970)
The government can do no wrong.
It authorizes only legal acts by its
officers. Its officers and agents do
wrong or commit unauthorized
acts. xxx If the mistake or error
causes prejudice to another and it
is done in bad faith or beyond the
scope of his authority, he alone is
liable therefor and he cannot
invoke the non-suability of the
state as a defense against his
personal liability.
Sanders v. Veridiano II, 162 SCRA
88 (1988)
The legal presumption is that
official duty has been duly
performed. This presumption is
particularly strong as regards
administrative agencies vested
with powers which are quasi-